NY State Senate Bill 2013-S3796

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to investigations and government operations
Feb 15, 2013	referred to investigations and government operations

2013-S3796 (ACTIVE) - Details

See Assembly Version of this Bill:: A9158
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §99, ABC L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S929, A240
2017-2018: S1890, A1337

2013-S3796 (ACTIVE) - Summary

Relates to special permits to remain open during certain hours of the morning.

2013-S3796 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3796

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to special permits to remain open during certain hours of the
morning

PURPOSE OR GENERAL IDEA OF BILL:  The legislation amends Section 99 of
the alcohol beverage control law by adding new subdivisions to require
applicants of the special permit to notify a municipality or New York
City community boards of their intent to file such application 30 days
prior to the actual filing of the application. The purpose of the bill
is to ensure that the affected community board may express any opinion
for or against such a permit and allow that opinion be deemed part of
the record upon which the liquor board makes its determination to
grant or deny the permit

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 99 of the alcoholic beverage
control law by renumbering and adding new subdivisions 2 - 6 to
require that not less than 30 days before filing an application for a
special permit, an applicant shall notify the clerk of a village, town
or city, and in case of the city of New York, to the Community Board
of such applicant's intent to file such an application.

In addition, section 99 new subdivisions 3 - 6 codify the current

State Liquor Authority's Rule for "New Year's Eve" Permits, which
requires such notice of intention to be sent to the local police
department, or if no local police department exists, the sheriff's
department of the county in which the premises is located. Such notice
must be sent either certified mail, overnight delivery with proof of
mailing or personal service.

Section 99 new subdivision 6 allows a municipality or community board
to express an opinion for or against the granting of such application,
which shall be deemed part of the record upon which the liquor
authority makes its determination to grant or deny the application.

Section 2 provides for this act to take effect immediately.

JUSTIFICATION:  Under the current alcohol beverage control law, when
issuing or renewing liquor license, the New York State Liquor
Authority is required to take into consideration the opinions of a
municipality or community board.

However, when an already licensed retailer files an application for a
special permit to continue to serve alcohol beverages after 9 A.M., or
earlier in some counties (AKA "all night" or "New Year's Eve"
permits), the law does not require the applicant to notify the
municipality or community board, The current rule only requires that
the local police department be notified of the licensee's intent to
apply for such permit

Given the significant impact and undue burden that the permit may
create in the surrounding community, it is necessary to include a
municipality or community board in the special permit application


process to ensure that the community can provide meaningful input or
voice community opposition when appropriate.

PRIOR LEGISLATIVE HISTORY:  None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None known.

EFFECTIVE DATE:  This act shall take effect immediately.

2013-S3796 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3796

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 15, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  special permits to remain open during certain hours of the morning

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 99  of  the  alcoholic  beverage  control  law,  as
amended  by  chapter  204  of  the laws of 1963, subdivisions 1 and 2 as
amended by section 22 of part Z of chapter 85 of the laws  of  2002,  is
amended to read as follows:
  S 99. Special  permit to remain open during certain hours of the morn-
ing.  1. Any person licensed to sell alcoholic beverages for consumption
on the premises pursuant to this chapter may apply to the liquor author-
ity for a special permit to remain open on  any  week  day  between  the
hours  of  four  o'clock  a.m.  or the closing hour prescribed by a rule
adopted in a county on or before April first, nineteen  hundred  ninety-
five  or  pursuant  to  subdivision  eleven of section seventeen of this
chapter, and eight o'clock a.m. The fee for such permit shall be  fifty-
one dollars per day.
  2.  NOT  LESS  THAN  THIRTY  DAYS  BEFORE  FILING AN APPLICATION FOR A
SPECIAL PERMIT PURSUANT TO THIS SECTION, AN APPLICANT SHALL  NOTIFY  THE
MUNICIPALITY IN WHICH THE PREMISES IS LOCATED OF SUCH APPLICANT'S INTENT
TO  FILE  SUCH  AN  APPLICATION.  SUCH NOTIFICATION SHALL BE MADE TO THE
CLERK OF THE VILLAGE, TOWN OR CITY, AS THE  CASE  MAY  BE,  WHEREIN  THE
PREMISES IS LOCATED. FOR PURPOSES OF THIS SECTION:
  (A) NOTIFICATION NEED ONLY BE GIVEN TO THE CLERK OF A VILLAGE WHEN THE
PREMISES IS LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE; AND
  (B)  IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSUANT
TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH JURIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08895-01-3

S. 3796                             2

DICTION OVER THE AREA IN WHICH THE PREMISES IS LOCATED SHALL BE  CONSID-
ERED THE APPROPRIATE PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.
  3.  NOT  LESS  THAN  THIRTY  DAYS  BEFORE  FILING AN APPLICATION FOR A
SPECIAL PERMIT PURSUANT TO THIS SECTION, AN APPLICANT SHALL  NOTIFY  THE
LOCAL  POLICE  DEPARTMENT,  OR IF NO LOCAL POLICE DEPARTMENT EXISTS, THE
SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE PREMISES IS LOCATED.
  4. SUCH NOTIFICATION SHALL BE MADE BY: CERTIFIED MAIL, RETURN  RECEIPT
REQUESTED; OVERNIGHT DELIVERY SERVICE WITH PROOF OF MAILING; OR PERSONAL
SERVICE  UPON  THE OFFICES OF THE CLERK OR COMMUNITY BOARD AND THE LOCAL
POLICE DEPARTMENT OR COUNTY SHERIFF'S DEPARTMENT.
  5. THE APPLICANT MUST INCLUDE, WITH  THE  APPLICATION  FOR  A  SPECIAL
PERMIT,  PROOF THAT NOTICE WAS MAILED OR DELIVERED TO THE OFFICES OF THE
CLERK OR COMMUNITY BOARD AND THE LOCAL POLICE DEPARTMENT OR COUNTY SHER-
IFF'S DEPARTMENT.  ACCEPTABLE PROOF THAT NOTICE WAS MAILED OR  DELIVERED
INCLUDES:
  (A) A COPY OF THE NOTICE AND A CERTIFIED MAIL RECEIPT CARD;
  (B) A COPY OF THE NOTICE AND A PROOF OF MAILING VIA OVERNIGHT DELIVERY
SERVICE; OR
  (C) THE ORIGINAL NOTICE OR A COPY OF THE NOTICE, STAMPED AND SIGNED BY
THE  CLERK  OR COMMUNITY BOARD AND THE LOCAL POLICE DEPARTMENT OR COUNTY
SHERIFF'S DEPARTMENT.
  6. A MUNICIPALITY OR COMMUNITY BOARD MAY EXPRESS  AN  OPINION  FOR  OR
AGAINST  THE  GRANTING  OF  SUCH  APPLICATION. ANY SUCH OPINION SHALL BE
DEEMED PART OF THE RECORD UPON WHICH  THE  LIQUOR  AUTHORITY  MAKES  ITS
DETERMINATION TO GRANT OR DENY THE APPLICATION.
  7.  The  liquor  authority  may,  in its discretion, issue to any such
licensed person, whose premises are  located  within  a  trade  area,  a
special  permit to remain open during such hours of the morning on week-
days. The fee for such permit shall  be  at  the  rate  of  two  hundred
fifty-six dollars per annum.
  [3.] 8. Such permits and the exercise of the privileges granted there-
under  may  be subjected by the liquor authority to such rules as it may
deem necessary.
  S 2. This act shall take effect immediately.

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Senate Bill S3796

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2013-S3796 (ACTIVE) - Details

2013-S3796 (ACTIVE) - Summary

2013-S3796 (ACTIVE) - Sponsor Memo

2013-S3796 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3796

Share this bill

Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2013-S3796 (ACTIVE) - Details

2013-S3796 (ACTIVE) - Summary

2013-S3796 (ACTIVE) - Sponsor Memo

2013-S3796 (ACTIVE) - Bill Text download pdf

Comments